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(영문) 수원지방법원성남지원 2016.07.08 2015가합204270
사해행위취소
Text

1. The plaintiff's lawsuit is dismissed in entirety against the defendants.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship between H Co., Ltd. (hereinafter “H”) and F Co., Ltd. (hereinafter “F”) and the occurrence of preserved claims (hereinafter “F”), and I, who held office as the representative director of H, shall be deemed to be the J-gu, Sungnam-si, J-gu, 4961.9 square meters (hereinafter “No. 1”).

) and K 4,640 square meters (hereinafter referred to as “second-party land”)

(2) The business of newly building and selling officetels, neighborhood living facilities, and cultural facilities on both lands (hereinafter “instant business”).

On February 28, 2001, the Korea Land Development Corporation purchased No. 1 land from the Korea Land Development Corporation and completed the registration of ownership transfer under the name of H on June 9, 2003, and completed the registration of ownership transfer as a reason of trust in the future of the K non-Real Estate Trust Corporation. Meanwhile, the KNA signed a contract for sale of the land with the Korea Land Development Corporation and the second company and held the right to sell the land. 2) After the I acquired the second land through the third company, not H, and thereafter, I continued to promote the new construction project of this case, and accordingly, I would have F's representative director take office on December 7, 2006.

3) H lending KRW 3 billion to F on December 29, 2009 with the purchase fund for the sale right of land No. 2 (hereinafter “No. 1”) (hereinafter “No. 1”)

On January 8, 2010, F entered into a contract for the transfer and acquisition of the entire shares of D&A with D&A and the second land and the second D&A, and paid the said KRW 3 billion borrowed from H on the same day as the down payment. 4) H lent the KRW 3 billion to F on February 10, 2010 as the purchase fund for the second land (hereinafter “second loan”), and F paid the said KRW 3 billion as the intermediate payment to D&A as the intermediate payment for the said transfer and acquisition contract.

5. On the other hand, as the I, who was the actual operator of H and F died on June 14, 2010, L retired from the office of representative director on June 23, 2010, and M who was employed as H was appointed as the representative director of H and F on June 23, 2010.

(b)F;

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